Update on Five Felony prostitution cases in Maricopa Superior Court.

[davephx]

SUMMARY
Club Lace: Still heading for trial on 4 of 7 indicted others pled

Euro Style Massage: Final all pled

The Studio: 16 indicted, some have pled but owner still in jail heading for trial in 2016. Shocking new indictment for sexual assault on two models.

Asian Star Massage: Final all 3 indicted pled.

Dominatrix Bridget: Final pled to felony

DETAILS
Club Lace "Dance Studio"
2014 raid- 7 indicted - 2 pled to felonies, 4 still on the path to a trial and 1 still outstanding not found.

Training included having customers touch breasts of dancer and told then charges would not hold up in court! Coached on what to say. Private rooms stocked with condoms and baby wipes. Instigation goes back to 2007.

4 have not yet pled (Leader Stephen L., Robert, Cary and Adam). The trial is now set for 11/2/2015, but these dates often continued. Adam and Cary only have 1 count each of money laundering - conceal proceeds, vs. most of rest charged with criminal enterprise in various forms.

Christina "Tiffany" Age 32 recruited women from strip clubs. Self-surrendered in 9/2014. Non-bailable since appeared not to be legally in the U.S. Held 189 days in jail pre-sentencing. She had resigned from club 18 months before the raid. Pled to class 6 felony undesignated and sentenced to 18 months’ probation starting in June 2015. Fine $3660 ($2000+83% surcharge). However, payable only $25/month due to lack of income. State as usual also wanted to force her into the Catholic Charities Dignity program to focus on leaving the life of prostitution. Moved to IL after paying $300 Interstate Compact application fee. Is a server at Chili's restaurant. No further info on legal status, typically the court notifies ICE for a determination for deportation if not legally in the U.S.

Lola "Paige" Age 28. Pled to 2 counts of felony money laundering but not yet sentenced. She told cop prices started at $100 for "one-on-one action" and "everyone leaves happy." Was paid $22,526 by the club over 18 months. Married for 8 yrs. with 4 minor children - taken by Child Protective Services after her arrest. She had a prior history of heroin issues. Has no skills other than exotic dancing, dropped out of school in 11th grade. Pre-sentence recommendation for 2 years’ probation on each count to run concurrently, $3660 fine and go to Catholic Charities Dignity program. No sentencing date yet which may mean she is going to be a State witness against others at any trial.

Next dates for remaining 4: 10/6/2015 conference, 10/28 pre-trial and 11/2 trial all subject to continuances.
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Euro Style Massage (FINAL REPORT)
2014 raid on two locations with four indictments. All pled to reduced charges in 2015

Jacqueline – Pled to unlawful practice of massage. Class 1 misdemeanor, 1 yr in jail suspended to probation.

Yesenia – Pled to class 5 felony, 1 yr probation. Mexican not legally in U.S. so referred to ICE for possible deportation. Worked at massage out of desperation to support two children.

Irene – Pled to unlawful advertising message service without a license. Class 1 misdemeanor. 1-year probation.

Ricardo – Pled to class 6 felony operating a house of prostitution and advertising massage without a license. 18 months probation and fine of $4575. Plans to return to Church and seek a steady job admitting “dumb and influenced by money.”
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The Studio update
16 indicted, some pleas 1 not yet found and huge battle by Bill based on alleged constitutional grounds of being a porn studio – argument is weak in my view. Bill remains in jail on $50k bond increased to $100k with new charges and indictment filed in March 2015

Bill pro se writes many handwritten motions from jail. Judge Stephens who I have gotten to know well as she has been the judge on the Phoenix Temple case for about the last 2-years for which I am all the hearings and do reports for about 100 folks following the case including national Tantra folks and some lawyers. She seems very fair and patient with pro se defendants that don’t have a clue what they are doing.

First a sample of a few of the pleds:
Serena – Took plea for a felony. However, the attorney filed 8-page sentencing memorandum pleading for a misdemeanor due to the risk of deportation to Canada if convicted (by plea) to a felony. The attorney argued extreme mitigating factors to reject the States insistence on a felony.

She came to the U.S. at age 7 or 8 with her parents. Obtained a “green card” at age 14. Was age 18 when worked at the Studio for only 1-month. She was “naive and vulnerable” when Bill showed her legal work from an attorney that allegedly showed it was a legal porn studio. She made less than $2000 and did not handle any other money for others. “Merely had sex for a small dollar amount.” She would be chosen from a line-up and paid $160 for oral sex.

Shocking part which resulted in new sexual assault charges against Bill:

As a mitigating factor, she argues that Bill physically, sexually and emotionally abused her. Goes into vivid detail including an incidence where put a collar on her, dragged her into a room, sexually assaulted her putting a pillow over her head so she couldn’t scream. She says, Bill often called her a “slut”, “whore” and “was treated better than she deserved.”
She had no prior criminal record and is now employed in a family business in Scottsdale. She hopes to go to school to become a nurse.

Judge Stephens reduced the illegal control of an enterprise felony to a class 1 misdemeanor (but still same charge) Sentenced to 18 months’ probation and 50 hours of community services – Dave still thinks too harsh.

Heather pled to class 6 felony undesignated and served 7-months’ probation.

Erica pled to class 6 felony undesignated and 18 months’ probation. However, had a probation violation hearing when she didn’t have enough gas money to get to a probation officer appointment. If you violate probation, you can be sent to prison for the remaining time. However, her probation was reinstated by the judge.

Others have taken similar pleas, but sentencing deferred which is usually the case when the State is going to use them as witnesses at trial. These include Amber, Shelby, Danielle, Adriana, Michelle, Amanda, Samer, Monica, and Taeru. Latest sentencing continuation is until 1/11/2016 – this date will keep getting deferred until the case is concluded. This is bad for them since they can’t begin to serve probation until final sentencing as with many in the Temple case.

BILL claims he never had sex with any model, and I was protected free speech right of a porn studio under the constitution.

Dave notes I had many long e-mail discussions with him before the bust warning him his arguments would not likely hold up in Arizona since we do not have the same cases upholding porn studios as California.

Bill claims he follows the Miller v. Calf requirements of STD testing of models, there are no “victims”, no one is under age 18, they are just filming porn as consenting adults. Cites Freeman case citing Supreme Court that “pandering viewed as an end-run around the 1st Amendment.” Claims false statements made to the grand jury, in the police reports, etc. False statement included saying it was prostitution or a brothel when it was a porn studio. Calling rooms bedrooms when it had studio lights etc so it was a studio not a bedroom.

Claims bail is extreme, he rarely has more than $50 in a bank account, and that the Studio was just beginning to make money.
Bill argues jail is not appropriate for his medical conditions, was taken 9 times by ambulance to the hospital for kidney, heart and neurological issues. He needs his own doctors, has good medical insurance and lived in Maricopa County for 50 years and is not a flight risk. Is in Towers Jail.

Motion to change bail was denied (this was before new charges and increased bail to $100,000)

Bills August 2015 legal battle

Bill filed another motion to dismiss or remand to the grand jury on many grounds that it was a legal porn studio. The State answered and in a 12-page hand-written response Bill stated his positions.

On 8/27/2015 Judge Stephens wrote a detailed 10-page ruling going into extensive details of the case in denying Bill’s motion to remand or dismiss.

Some key points:
Undercover upon arrival was told it was $140 for a half hour for anything that was non-fetish related.

Unlike a porn studio the customer/actors do not need STD screaming only a “penis check” which is more like a legal Nevada brothel that a porn studio. The customer chooses a girl from a line-up (like a brothel vs. a script and producer selecting actors).

“The models/girls have been told that the pictures or video taken with the customer must be sexual in nature. The camera is then turned off and the customer (referred to as a producer) could then commit the type of sex act for which he had paid.”

“An actor is required to provide an AIM (Adult Industry Medical) certificate. Mr. P (a porn studio head) testified that under federal law 2257, individuals participating in pornography must provide two forms of identification to prove they are 18 years of age. Models sign release agreements prior to any filming. It is uncommon for men to show up and pay to be in videos. Mr. P required models to sign a release every time before each scene. (Bill) obtained one form of government identification from the females working at the studio but male customers were not identified in any way. (Bill) required the girls who worked for him to sign release agreements at the end of their shift.

Goes on about an FBI male undercover, undercovers pretending to seek jobs and interviews with various employees. Other employees also told police Bill often had “sessions” with the models that are often not recorded. Chanel in a scene with Bill after oral sex, feeling she had to do a scene with Bill to keep her job (phone operator) was then grabbed and choked unable to pull away due to Bill’s hand on her head and she vomited. Five minutes into the scene Chanel told Bill that she no longer wanted to participate. He told her to shut up and take it. She blacked out at some point.

Judge Stephens also describes the bondage scene with Serena I mentioned earlier. “She eventually told him to stop but he placed a pillow over her head and placed his penis in her mouth. She was choking and crying. She had a difficult time breathing.”

Paperwork was found inside the studio indicating what sex act each girl agreed to perform. The pricing was for different sex acts and not for the rental of the room and camera.

Judge Stephens lists the 11 points Bill raised in his motion, addresses them and continues for many pages about the issues raised by Bill regarding the evidence given to the Grand Jury. Judge Stephens cites lots of case law to show it was a proper presentation.

New Intervening Indictment related to Serena and Chanel reports against Bill. Raised bail to $100,000. Added charges: Aggravated Sexual Assault, Aggravated Assault, Sexual Assault and Sex Trafficking (because evidence of coercion). This is in addition to prior charges: 4 counts of illegal control of an enterprise, pandering, maintaining a house of prostitution and receiving earnings from prostitution.

His current trial date is set for May 17, 2016
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Asian Star Massage in Mesa (Final Report)
Investigation started in 2013 based on complaints. LE caught men coming out of back employee door and one admitted masturbation and in shower had his penis touched and then intercourse in massage room.

Pil pled to illegal control of an enterprise class 6 felony and sentenced to 18 months’ probation.

Kyong has limited English and needed Korean interrupter. Claimed just did cleaning. Lived with husband of 34 years who is seriously ill. No priors and is U.S. citizen. Pled to class 6 felony, 1-year probation. Applied to serve in Colorado where now lives but Colorado refused to take her under Interstate compact so had to return to AZ.

Joy needed Korean interrupter, no priors, no English, moved to U.S. in 1997 and became a citizen in 2012. Lives with roommate in Calf. Pled to class 6 felony with 12 months’ probation can server in CA.
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Dominatrix Bridget (Final)
Had website dominbridget.com charged with six counts of prostitution, keep house of prostitution and disorderly conduct. Was on 16th St, an undercover got hand job. Added intervening indictment when detective offered spanking which resulted in another prostitution count based on sadomasochistic abuse. Pled guilty to a class 6 felony and 12 months of supervised probation.